JUDGMENT

A. S. NAIDU, J. — The legal heirs and succession of the origi¬nal plaintiff Nityananda Sahu in Title suit No. 163 of 1969 instituted in the Court of the Subordinate Judge, Cuttack have preferred this Letters Patent Appeal being aggrieved by the judg¬ment and decree dated 8th September, 1988 passed by a learned Single Judge of this Court in First Appeal No. 188 of 1974.

2. The suit was mainly for specific performance of con¬tract with a prayer to direct the defendant to execute the sale deed in respect of the suit property in favour of the plaintiff within the date specified by the Court and to deliver possession of the same as well as for other ancillary reliefs.

3. The suit property is a two-storeyed pucca building having fourteen rooms appertaining to Khata No. 779 and Khata No. 780 measuring Ac. 0.201 decimals comprising of plot No. 2816 having Ac. 0.157 decimals and plot No. 2819 having an area of Ac. 0.044 decimals, in toto Ac. 0.201 decimals situated at Mouza Patpur, Chowdhury Bazar, P.S. Lalbag, Sub-Registry of Cuttack Sadar, District-Cuttack.

The averments of the plaint revealed that the suit property was the residential building of one Balakrushna Das. Balakrushna